Application for cancellation of the contract of sale

Currently, the civil law as one of the most pressing issues is the problem of unilateral termination of contracts. The legislation establishes a certain procedure for termination of the agreement. Let's consider it in detail.

Differentiation of terms

Unilateral termination of the agreement should be distinguished from the refusal to fulfill the obligations. These concepts have a different legal basis and are governed by different norms. A unilateral refusal of an obligation can take place in the sphere of entrepreneurship. Often, agreements directly establish such an opportunity when certain circumstances arise. For example, a counterparty has the right to refuse from obligations, if the second party to the transaction has not fulfilled the stipulated conditions. If there is no such mention in the agreement, then this situation is allowed only in cases provided by law. As for the termination of the contract, it is also carried out only in accordance with regulations or agreement. In particular, pre-trial and judicial procedures are provided. In the second case, even when the decision enters into force, the party to the legal relationship may require the second party to fulfill the obligation.

Grounds

There are only three of them. Termination of the contract is allowed if:

1. Such an option for termination of legal relations is provided for in the legislation in relation to a specific transaction.
2. Significantly changed the circumstances under which the agreement was concluded. In this case, we are talking about situations where the subjects could not foresee any changes. And they, in turn, are such that, if participants in the transaction knew about them in advance, they would not have signed the agreement.
3. Significant violation of the contract by one of the parties. In this case, the legislator has in mind cases where one of the participants in a transaction may incur such losses, under which it may lose what he planned to receive.

These grounds are considered common and apply to all types of agreements. In this case, the rules of the Civil Code may provide for special conditions for certain types of transactions, in the event of which unilateral cancellation of contracts is allowed.

Change in circumstances

When concluding a transaction, each participant seeks to maximize profits and, if possible, minimize risks. This behavior is quite acceptable for entrepreneurs. However, there are situations when the subjects, having concluded an agreement, find themselves in such conditions, under which they not only may not receive income, but also incur losses. In such cases, it is necessary to take certain steps. The situation can be complicated by the fact that one of the parties does not express the desire to terminate the legal relationship. договора в суд. In this case, you will have to write a statement of claim to terminate the contract in court. Satisfaction of requirements will depend on many circumstances. Let's consider an example. The parties entered into a long-term lease agreement. In this case, a fixed payment is established, and there were no options for changing its size. This situation was beneficial to the user. He insured himself against a possible increase in prices and inflation. However, there was a financial crisis, and the owner points out that the payment was negligible, and requires the second party to conclude an agreement to increase its size. The user, accordingly, does not want to make changes to the transaction. The owner applies to the court. However, the application for termination of the lease agreement does not satisfy the authority. In its decision, the court reasons this by the fact that participants in legal relations, having prescribed an imperative condition for fixed payment, thus assumed responsibility for possible changes in the circumstances in the future.

Explanations

From the above example, we can conclude that the GK norm, which regulates the termination of the contract, does not work in practice. Meanwhile, it is necessary to clarify that the provisions of the law are applicable provided that 4 conditions are met simultaneously. будет удовлетворено. Only in this case can we expect that the application for termination of the contract will be granted. It is allowed if:

1. At the time of the deal, the participants were confident that the situation would not change radically.
2. The circumstances that became the basis for the termination of legal relations arose irrespective of the will of the party.
3. From the customs of circulation and the text of the agreement it does not follow that a participant can be held responsible for changing circumstances.
4. The subsequent implementation of the terms of the transaction without their adjustment will be unprofitable.

Notification

As was said above, there are two options for terminating legal relations: pre-trial and judicial. In the first case, it is necessary to draw up a notification, which is sent to the second participant in the transaction. It should state its position in a free and understandable form. The notice should also include a proposal to conclude an agreement to terminate the main contract. When you make a document, you need to consider the following requirement. The agreement is drawn up in the same form as the contract. In the notification, you can set a time limit for processing and sending a response. It must be reasonable. As a rule, the period is 30 days.

Sample application for cancellation of the contract

If no response is received within the prescribed period, or the second party to the transaction refuses to enter into an agreement, the interested party is entitled to apply to the court. оформляется в соответствии с требованиями ст. The application for cancellation of the contract is made in accordance with the requirements of Art. 131, 132 GPC. If the cessation of legal relations occurs between legal entities and PIs, then the norms of the AIC should be used (Articles 125 and 126). The Federal Law "On the Protection of Consumer Rights" also contains the rules in accordance with which the application is issued. , приобретения товаров, не соответствующих требованиям качества, осуществляется согласно этому закону. Termination of the contract of services , purchase of goods that do not meet the quality requirements, is carried out in accordance with this law. However, in any case, the appeal to the court must contain mandatory requisites. включает в себя: For example, an application for cancellation of a sales contract includes:

1. The address of the court to which the appeal is sent.
2. Information about the plaintiff. If it is a citizen, the full name, address, contact details are indicated. If the legal entity is a legal entity, its name, location, telephone number is given.
3. Document's name.
4. Content.
5. The petitioner's part.
6. List of applications.
7. Date, signature.

Content

An application for the termination of a contract must clearly express the position of the person concerned. It is recommended to begin with a brief description of the circumstances in which legal relations arose. Further, it is necessary to give reasons, in accordance with which it became necessary to draw up a statement. , например, может осуществляться вследствие нарушения второй стороной оговоренных условий. Termination of the contract by the bank , for example, can be carried out due to violation by the second party of the stipulated conditions. When drafting a document, it is necessary to adhere to the official business tone, refer to the rules of law.

Additionally

In the requesting part, it is necessary to express the requirement - to terminate the contract. After that, a list of documents attached to the appeal is provided. подается в сопровождении основного соглашения, расчетных и прочих бумаг, которые могут служить в качестве доказательства. For example, an application for termination of an insurance contract is filed with the main agreement, settlement and other securities that can serve as evidence.

Legal implications

If the application for termination of the contract is satisfied, then the disputed legal relationship will be considered completed after the entry into force of the decision. If pre-trial procedure was used, the transaction is considered to be terminated from the date of signing the agreement. Meanwhile, the parties need to take into account a number of legal consequences of the process. First of all, if the terms of the contract provided for the transfer of ownership of an object, and in response established the performance of the obligation, then upon its dissolution, the thing is returned. If this is not done, then the actions of the party will be regarded as unreasonable enrichment. In addition, the rules under which penalties are awarded, penalties and other payments will remain in force until the performance of the obligation.

Conclusion

Not always the contractual relations between subjects proceed without complications. In practice, different situations and circumstances can arise, including those independent of the will of the participants. Legislation provides for parties to transactions different options for solving the problems that have arisen. Participants in the legal relationship may, by mutual agreement, terminate the transaction. However, in the event that any of the participants does not express the desire to do so, the rules allow unilateral termination of the agreement. Consider the various nuances of this procedure. Features will depend on the specifics of legal relationships. General rules are fixed in the Civil Code. For specific cases, for example, arising in the field of consumer rights protection, special rules and terms are provided. Experts recommend trying to solve the problem peacefully, without bringing the dispute to court. If this does not work, you need to correctly formulate a statement on the termination of the contract. In some cases it is advisable to seek assistance from qualified lawyers. If the interested person does not have the appropriate funds or feels enough strength, you can conduct the entire procedure yourself. However, in this case it is necessary to study the norms governing these relations. Particular attention should be given to the provisions that determine the legal consequences of termination of the contract.